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HomeMy WebLinkAbout2023-08-02 CC MIN Changed due to Night to Unite 216 4th Street N, Stillwater, MN 55082 651-430-8800 www.stillwatermn.gov CITY COUNCIL MEETING MINUTES August 2, 2023 WORKSHOP MEETING 4:30 P.M. Mayor Kozlowski called the meeting to order at 4:31 p.m. Present: Mayor Kozlowski, Councilmembers Collins, Junker, Odebrecht, Polehna; Heritage Preservation Commission Vice Chair Heimdahl and Commissioners Larson and Mino; Planning Commissioner North Absent: None Staff present: City Administrator Kohlmann City Attorney Land City Clerk Wolf Community Development Director Gladhill Finance Director Provos Fire Chief Glaser Police Chief Mueller Public Works Director Sanders Library Director Troendle OTHER BUSINESS Graphic Design Signs (Murals) Community Development Director Gladhill explained that murals have been installed downtown without applying for Heritage Preservation Commission (HPC) approval and a Conditional Use Permit (CUP) from the Planning Commission. The HPC has begun a study of the City’s rules, regulations and processes related to murals, defined as Graphic Design Signs in Stillwater City Code. HPC Vice-Chair Heimdahl reviewed HPC recommendations related to theme and style, establishing a more streamlined permitting process, and requiring a plan for maintenance. Councilmember Junker added there are 19 murals downtown. He feels HPC design review is higher priority than obtaining a CUP. City Attorney Land explained that the City may not regulate a mural’s content, but may regulate time, place and manner. A possible approach would be to write a purpose statement indicating that because of the need to protect and preserve the rich history of Stillwater, it is important that the HPC review mural designs for aesthetic purposes. If murals must have a historic theme, the requirement should delineate which history is being referenced. Time, place and manner include regulating how a mural may be placed, where it can be placed, the manner in which it must be affixed, how high, how wide, how thick, how many lights it can have, how bright the lights may be, how often it can flash or change its message, and so on. City Council Meeting August 2, 2023 Page 2 of 7 Mr. Gladhill added that the HPC considers whether art is placed on historic brick, masonry and wood versus non-historic materials. He feels the big question will be whether a mural may be placed on a front façade. Additionally, there are Secretary of the Interior standards applicable to some structures downtown that are nationally listed. Councilmember Polehna stated long term maintenance of murals needs to be addressed, for instance peeling paint; and Mr. Gladhill answered there are public nuisance and building standards that can be applied through code enforcement. HPC Vice Chair Heimdahl stated the HPC proposes that an application would include a maintenance plan, and that installation that is not permanent, but be revolving. The method of installation should not harm the historic structure. The HPC feels strongly that murals should not be painted directly on historic features especially wood and masonry, and especially on front façades. Councilmember Junker pointed out the HPC has been very consistent with not allowing anything on the front façade, only the side or rear, and Councilmember Collins agreed there should be no murals on the front façade. HPC Commissioner Larson noted that one decision affects the overall downtown area. Among six other historic town mural guidelines, all encourage the front façade should stay intact, and if there is a mural, it be on non-historic masonry or surfaces in areas like alleys. He quoted a phrase from the Georgia Council for the Arts, stating that the downtown should not become “a petting zoo of murals.” Mayor Kozlowski inquired on the color scheme guidelines for front façades. Councilmember Junker replied the HPC prefers dark muted colors for trim and walls. Mr. Gladhill noted for example that the storefront of Kari’s Create & Paint Studio is not necessarily historic material. When there are requests for storefront improvements, City staff asks if a transom window is still there, if it can be restored. Mayor Kozlowski questioned if something like this were allowed temporarily, if it is not painted on brick or other historic material and the business owner wanted to have some fun for a year, are there are guidelines that allow for art that is reversible; and City Attorney Land replied it would be an interim use permit. Councilmember Junker stated he would not be in favor of that. Mayor Kozlowski asked if there is any interest in having different guidelines for what can be done on Main Street versus side streets. Councilmember Junker replied it is all part of the downtown district and guidelines should be consistent. He added the alley behind Kari’s could be the next location for an art alley. Commissioner Larson stated if every storefront did their own thing, it would not be the same downtown. The issue is how to create a policy that will consistently preserve downtown. Kari Patsy, Kari’s Create & Paint, stated her artwork was painted on a piece of plywood that does not have a window behind it. Given the application process, she does not think that everyone would request front façade art. Side street businesses need business and cannot afford Main Street visibility. She acknowledged that she failed going through the process, but there is nothing historical about her storefront. City Council Meeting August 2, 2023 Page 3 of 7 Heather Rutledge from ArtReach St. Croix, which acted as fiscal agent for the Union Art Alley project, stated art chosen for Union Art Alley does not have to be historic, but it has to address this place in geographic and human history, must be positive and appropriate for all ages. She feels strongly that art enhances the town and should rotate and evolve. There should be a plan for placing new pieces periodically. Waste Management Yard Waste Proposal City Clerk Wolf stated that Waste Management is proposing to give all customers in Stillwater a 96-gallon cart for collection of yard waste. Waste Management will deliver and maintain the carts. The pricing of yard waste collection will not change. Jason Hartman, Waste Management, explained the carts would help prevent injuries that occur with manual services such as lifting bags. City Clerk Wolf stated she will amend the contract for possible Council approval. Cannabis Discussion Brad Glynn, Lift Bridge Brewery, stated the State of Minnesota has made it legal for breweries to produce low dose .3% THC hemp derived products (not mixed with alcohol). The products are limited by 10 mg per can; a lot of breweries are typically doing 2-5 mg. It is a response to a changing market and his vendors are asking for it. Beer sales have been declining and the newer generation is enjoying THC and other products. Minnesota is the 21st state to allow this. Knowing the town, he feels there is a high percentage of people recreationally using THC right now. He asked what the Council wishes to do to address Lift Bridge manufacturing THC beverages for off-sale use. The State does not allow for on-sale consumption. City Attorney Land noted under the current ordinance, dispensaries are zoned in the business park where there are two licensed now. Those are the only establishments that can sell those products. The City does not allow manufacturing because, except for the beverage infused products, the other products produce an odor and it was felt that was inappropriate for the small industrial park. The moratorium up for Council action tonight will give the City a chance to absorb everything the legislature just passed. Councilmember Odebrecht remarked that a business should not be punished for doing business in Stillwater. Ms. Land stated the Council could consider removing the prohibition on manufacturing. She suggested that brew pubs (with on-site consumption) may be limited to manufacturing and sale and not be allowed to have on-site consumption of THC-infused products. The current ordinance would have to be revised. The Council can still pass the moratorium, then carefully change the ordinance to allow this particular use, and then address all of it later in a reworked ordinance. City Entrance Monuments Public Works Director Sanders presented four versions of a possible entrance sign and stated there is money budgeted this year for one sign, with more to be installed in future years. The Council preferred the signs featuring the lift bridge. City Council Meeting August 2, 2023 Page 4 of 7 STAFF REPORTS Public Works Director Sanders gave a Chestnut Street Plaza project update. Police Chief Mueller recapped Night to Unite and updated the Council on Stillwater Area High School safety planning. Fire Chief Glaser reported on events and a Mutual Aid incident in Hudson on Monday. Finance Director Provos stated the preliminary budget will be ready next week, and a new State-administered Local Sales Tax of 1% will take effect October 1. Community Development Director Gladhill stated graffiti on transformers is being addressed by painting the boxes; and the downtown parking system update will go live September 8. City Clerk Wolf reminded the Council of the Boards and Commissions picnic August 9. City Attorney Land gave kudos to Beth Wolf for her work on recodification; and stated an Xcel agreement for art on transformers is ready for Council approval, the first in the State. City Administrator Kohlmann gave a budget update, and stated Senator Housley will be at the next City Council meeting. Library Director Troendle reported on a puppet show event, summer reading program, and thanked the Stillwater Human Rights Commission for nominating the Children’s Department for the Human Rights Award. RECESS Mayor Kozlowski recessed the meeting at 6:07 p.m. REGULAR MEETING 7:00 P.M. Mayor Kozlowski called the meeting to order at 7:05 p.m. Present: Mayor Kozlowski, Councilmembers Collins, Junker, Odebrecht, Polehna Absent: None Staff present: City Administrator Kohlmann City Attorney Land City Clerk Wolf Community Development Director Gladhill Finance Director Provos Fire Chief Glaser Police Chief Mueller Public Works Director Sanders PLEDGE OF ALLEGIANCE Mayor Kozlowski led the Council and audience in the Pledge of Allegiance. City Council Meeting August 2, 2023 Page 5 of 7 RECOGNITIONS OR PRESENTATIONS Community Thread 2024 Budget Request – Cathleen Hess Cathleen Hess, Community Thread Director of Development and Communications, described programming and service statistics, and requested $16,000 for operations and $5,000 for the bus loop. Certificate of Appreciation for Tanya Holmgren, Community Development Administrative Assistant Mayor Kozlowski thanked Ms. Holmgren for her dedicated service to the City. OPEN FORUM Louise Hansen, Rivertown Commons resident, spoke about ongoing damage to the open space behind the parking ramp by another resident, and the Council directed her to continue communicating with staff. Mike Wilhelmi, Xcel Energy, stated the company is excited about the transformer box art project being piloted in Stillwater and Bloomington. CONSENT AGENDA July 18, 2023 Regular Meeting Minutes Payment of Bills 225 Hazel St W Encroachment Agreement for Fence – Resolution 2023‐100 City Charter Amendment to Elective Officers, Elections, Meeting Records, and Holding Other Offices – Ordinance 1201 City Support of Designation of County State Highway 15 – Resolution 2023‐101 Downtown Stillwater Holiday Lights Agreements Flexible Work Arrangement Policy Renewal – Resolution 2023‐102 Hydrant Replacement Contract Agreement Short Term Home Rental Licenses Traffic Safety Review Committee Dissolution – Resolution 2023‐103 Watermain Break Road Repair Contract Agreement Xcel Energy License Agreement for Mural Painting on Utility Boxes Lakeview Right of Entry - Resolution 2023‐104 Motion by Councilmember Odebrecht, seconded by Councilmember Junker, to adopt the Consent Agenda. All in favor. PUBLIC HEARINGS An Interim Ordinance to Prohibit the Establishment and Operation of a New Cannabis Business or the Expansion of Any Existing Cannabis Business within the City until January 1, 2025 and an ordinance Prohibiting Cannabis Use Within Public Property and Public Places – 2nd Reading on both Ordinances City Attorney Land gave background on City-enacted CBD regulations, and the 2023 law expanding the legalization of adult use cannabis in the State of Minnesota. There is confusion in the public about what can and cannot be manufactured, grown, purchased, possessed, sold, and used. Therefore, the City wishes to pause the expansion of CBD products by City Council Meeting August 2, 2023 enacting an interim ordinance temporarily prohibiting the establishment of new cannabis businesses and the expansion of existing ones until the City adopts new ordinances or on January 1, 2025, whichever comes first. The current three CBD-licensed businesses may continue to operate, but may not expand. She further explained that while the new law authorizes the use of adult use cannabis by those over the age of 21 effective August 1, it is only allowed in the home or on private property with the permission of the owner. The new law lacks any penalty for using adult cannabis in public. Instead, the law authorizes cities to enforce violations of use in "public places" as long as the penalty is a petty misdemeanor (an "offense" not a crime with a maximum penalty of a $300 fine). This second ordinance prohibits the use of adult use cannabis in public places and the penalty is a petty misdemeanor. An additional ordinance could be adopted in the future, similar to underage consumption of alcohol, for underage use of adult cannabis. Mayor Kozlowski opened the public hearing. There were no public comments. Mayor Kozlowski closed the public hearing. Motion by Councilmember Junker, seconded by Councilmember Odebrecht, to adopt second reading of an Ordinance 1203 Temporarily Prohibiting the Establishment of New Uses or the Expansion of Existing Uses Related to Cannabis Businesses; and an Ordinance 1204 Amending the Stillwater City Code by Enacting Stillwater City Code Chapter 52-23, Prohibiting Cannabis Use Within Public Property and Public Places. All in favor. UNFINISHED BUSINESS There was no unfinished business. NEW BUSINESS There was no new business. COUNCIL REQUEST ITEMS Council condolences on the passing of former Councilmember Terry Zoller's wife Sally. ADJOURNMENT Motion by Councilmember Collins, seconded by Councilmember Junker, to adjourn. All in favor. The meeting was adjourned at 7:42 p.m. ATTEST: Ted Kozlowski, Mayor Beth Wolf, City Cler Resnlntinn 7071-100, Resolution Approving an Agreement Related to Landowner (225 Hazel Street West) Improvements on Outlot A, Brown's Creek Heights Resolution 2023-101, Resolution to Washington County and to the Minnesota Department of Transportation in Support of the Designation of County State Aid Highway 15 in the City of Stillwater Resolution 2023-102, Approving Flexible Work Arrangement Policy Page 6 of 7 City Council Meeting August 2, 2023 Page 7 of 7 Resolution 2023‐103, A Resolution Rescinding Resolution 2009-52 Establishing a Traffic Safety Review Committee for the City of Stillwater Resolution 2023‐104, A Resolution Authorizing Entry to Property for Geotech Investigation Ordinance No. 1201, an Ordinance Amending Section 3.01, Council Composition and Election; Section 406, Election Wards; and Section 505, Council Meetings of the Charter of the City of Stillwater Ordinance No. 1203, an Ordinance Temporarily Prohibiting the Establishment of New Uses or the Expansion of Existing Uses Related to Cannabis Businesses Ordinance No. 1204, an Ordinance Amending the Stillwater City Code by Enacting Stillwater City Code Chapter 52-23, Prohibiting Cannabis Use Within Public Property and Public Places